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State Of Odisha And Others vs Sunita Barik And Another on 12 November, 2024

7. It is apparent from the impugned judgment/order that the appellants have been directed to consider the respondents' case for appointment on compassionate ground, taking into account the Rules prevalent at the time of death of the deceased employee in view of the decision of the Supreme Court in the case of Malayananda Sethi v. State of Odisha: 2022 SCC OnLine SC 684.
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Abinash Mallick vs State Of Odisha & Ors. .... Opposite ... on 21 October, 2022

15. In view of such steps taken in the matter, the claim of the Petitioner should not have been rejected. In any view of the matter, this Court finds that the Petitioner's claim has been illegally rejected and accordingly this Court is pleased to quash the rejection order dtd.08.04.2016 available at Annexure-11 so far as it relates to the Petitioner as well as the consequential order dtd.05.05.2016 at Annexure-12. While quashing both the orders, this Court directs the O.P. No. 1 to take appropriate step in the matter and take a fresh decision in accordance with the Rule prevalent at the time of death of the deceased employee taking into account the decisions of the Hon'ble Apex Page 4 of 5 // 5 // Court in the case of Malayananda Sethi Vs. State of Odisha. Such a fresh decision shall be taken within a period of two (2) months from the date of receipt of this order. If on such recommendation Petitioner is found eligible, then necessary order of appointment be also issued within the aforesaid time period.
Orissa High Court Cites 3 - Cited by 0 - B P Satapathy - Full Document

Nilamani Bhoi vs State Of Odisha & Others .... Opposite ... on 3 November, 2022

party no.1 to take a fresh decision on the claim of the petitioner, taking into account the recommendation made under Annexure-4 to the writ petition and in the light of the decision of the Hon'ble Apex Court in the case of Malayananda Sethi Vs. State of Odisha as well the decision of this Court rendered in W.P.(C) No.26372 of 2022 and batch. This Court directs opp. party No.1 to complete the entire exercise within a period of one month from the date of receipt of this order.
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Rajesh Mahakul vs State Of Odisha & Ors. .... Opposite ... on 8 May, 2023

06. Having heard learned counsel for the parties and taking into account the materials available in the Page 4 of 5 // 5 // record and the decision as cited (supra) by the learned counsel appearing for the petitioner, this Court finds that the Petitioner's claim has been illegally rejected and accordingly this Court is inclined to quash the said order of rejection available at Annexure-10. While quashing the same, this Court remits the matter to O.P. No. 1 to take a fresh decision in the matter, in the light of the decision of the Hon'ble Apex Court in the case of Malayananda Sethi Vs. State of Odisha. On such reconsideration, if the Petitioner is found otherwise eligible, steps be taken to provide him appointment under the provisions of R.A. Scheme. The entire exercise shall be completed within a period of two (2) months from the date of receipt of this order.
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Sambit Ray vs State Of Odisha & Ors. .... Opposite ... on 4 September, 2023

6.1. In view of such steps taken in the matter, the claim of the Petitioner should not have been rejected. In any view of the matter, this Court finds that the Petitioner's claim has been illegally rejected and accordingly this Court is inclined to quash the said rejection available at Annexure-13 so far as it relates to the Petitioner. While quashing the same, this Court directs the O.P. No. 1 to take appropriate step in the matter and take a fresh decision in Page 3 of 4 // 4 // accordance with the Rule prevalent at the time of death of the deceased employee by following the decision in the case of Malayananda Sethi Vs. State of Odisha & Ors.. Such a fresh decision shall be taken within a period of two (2) months from the date of receipt of this order.
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Raju Sunar vs State Of Odisha And Another .... ... on 25 August, 2023

Accordingly condone the delay and the application of the Petitioner should have been considered on its own merit. In such view of the matter, this Court has no hesitation in setting aside the Annexu-11 dated 21.03.2023. Accordingly, the same is hereby set aside. Further, the matter is remanded back to Opposite Party No.2 to consider the matter afresh keeping in view the law laid down by the Hon'ble Supreme Court in Malayananda Sethi v. State of Odisha reported in 2022 (II) OLR (SC) 1 within a period of two months from the date of production of certified copy of this order by the Petitioner. The decision so taken be communicated to the Petitioner within two weeks thereafter
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Jitendra Behera vs State Of Odisha & Others .... Opposite ... on 12 October, 2023

12. Therefore, in view of the decision of this Court as cited (supra), the ground on which the Petitioner's claim has been rejected is not legally sustainable. Therefore, this Court is inclined to quash the order dated 17.08.2012 under Annexure-6. While quashing the same, this Court directs the Opposite Party No.1 to reconsider the matter and take a decision on the claim of the Petitioner in terms of the provision prevalent at the time of the death of the deceased employee by following the decision of the Hon'ble Apex Court in the case of Malayananda Sethi vs. State of Odisha & Others. If on such consideration, it is found Page 5 of 6 // 6 // that the Petitioner is otherwise eligible, then consequential action in providing him appointment shall also be taken up. The entire exercise be completed within a period of 3(Three) months from the date of receipt of this order.
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Krupasindhu Balabantaray vs ) State Of Odisha ..... Opposite Parties on 30 April, 2024

In course of his argument, learned counsel for the Petitioner further referring to the judgment of Hon'ble Supreme Court in Malayananda Sethi v. State of Odisha as well as the judgments of Suchitra Bal v. State of Odisha & others by a Division Bench of this Court in W.P.(C) No.2081 of 2021 decided on 16.03.2021 as well as Bindusagar Samantaray v. State of Odisha and others by a Division Bench of this Court in W.A. No.810 of 2021 decided on 25.09.2023 submitted before this Court that the law is well settled that the rule which was in force at the time of death shall be applicable to the cases including the case of the present Petitioner.
Orissa High Court Cites 6 - Cited by 0 - A K Mohapatra - Full Document
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